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Donahue Inc. v. Canada ( Attorney General )

T-2620-96

Tremblay-Lamer J.

18/4/97

13 pp.

Confidential information-In application for judicial review of decision of Minister of International Trade, respondents objected to request for disclosure of documents citing confidential nature of documents-Respondents' objection based on solicitor-client privilege allowed in part-Objection under Evidence Act, s. 39 (confidences of cabinet) allowed, certificate presented being adequate-Common law privilege cited in respect of trade secrets does not apply here, as documents contain information of general nature and not information on which survival and profitability of enterprise might depend-Objection under Evidence Act, s. 37 (public interest: commercial information supplied by third parties) not applicable in instant case as information does not meet tests in R. v. Gruenke, [1991] 3 S.C.R. 363-No basis for objection under Evidence Act, s. 37 (public interest: federalprovincial relations)-Evidence Act, R.S.C., 1985, c. C-5, ss. 37, 39 (am. by S.C. 1992, c. 1, App. VII, s. 5).

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